In place of actual prosecutions, the Justice Department has aggressively pursued what are blandly called “deferred prosecution” or “non-prosecution” agreements -- DPAs and NPAs, for short -- through which prosecutors and companies negotiate terms to avoid a criminal trial. This approach may be avoiding the sort of corporate death sentence visited upon Arthur Andersen for what proved to be non-crimes, but nonetheless does something just as worrisome: It insinuates Justice Department career bureaucrats into the day-to-day management of major American businesses.
Read Full Article »